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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 21-770, Document 20-2, 04/01/2021, 3068530, Page109 of 200 k7e2MaxC kjc So we understand why the court has to process, but we relevant to the we don't again, have spin. Ms. Moe tried determination bet Fore the court today. 46 follow this submit that these presentations just are not And, The big fact that the government, to put before you through the victim is that supposedly someone had called in a civil action threatening the two-year-old child. Notice your Honor. It wasn't spin, spin. So we are here to consider bail. the statute. the statute. So let me jus tied to Ms. how careful We should consider your Maxwell. ly that was phrased, It's more spin, We should consider Honor's guidance under t put that to one side. I determine that that really disposes of the issue of what weight to give. In turning to the statute, your Honor, turning to the factors, I don't want to spend a lot of time on the standard, because I know your Honor is very familiar with it, but I do want to point out that, in an opening brief and reply brief and now an oral presentation, the government has not once represented the standard to your Honor nor the burden that it has. And that is the statute, under 3142(c), says that "even the case where there is not to be release ROR" -- which this is not that case -- "the court shall order pretrial release subject to the least restrictive condition or combination of conditions." That as you now read, of course, in light of 3142(e), (f), and (g), the provisions on detention, that the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00001050